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Overview Of The Divorce Process

May 16

An Overview Of The Divorce Process

The divorce attorneys at the Law Office of Daniel Hutto can help you understand and navigate the divorce process. From start to finish, here's a rundown of the 9 phases of a divorce.

1. Submitting a Dissolution Petition

The petition for dissolution is the initial step toward obtaining a divorce. People must file their dissolution applications with the court that has jurisdiction over the case, according to A.R.S. 25-311.

2. Process Service and the Reaction

The court will send you a notice and summons to answer after you've filed your petition and accompanying documents. You must serve your spouse with copies of the petition, summons, and any other legal documents you have filed in the case. Your spouse will be referred to as the respondent, and you will be referred to as the petitioner. To serve your spouse, you can hire a private process server or use the sheriff's department.

3. Interim Orders

People will sometimes file requests for temporary orders or preliminary injunctions at the same time they file divorce petitions under A.R.S. 25-315. Temporary orders can be requested by either party, including the respondents. While the divorce is still pending, these orders lay out the groundwork for how various issues will be handled.

4. The Process of Discovery

The divorce case will proceed to the discovery stage after the petition and response have been submitted. You and your spouse both have the right to receive information about your assets and other essential aspects of your case from each other.

5. Reaching an Agreement

Except in circumstances involving domestic violence, drug or alcohol misuse, child abuse, or those who may be hiding assets, it is frequently preferable to try to settle a divorce dispute through negotiation. People who are able to negotiate divorce settlements are often happier than those who rely on the judge's decision.

6. Trial of Divorce

Your divorce case will move to a divorce trial if you and your spouse are unable to reach an agreement. Each of you will have the chance to present evidence, call witnesses, testify, and submit exhibits at your trial. You and your spouse will almost certainly be called to testify and cross-examined by the opposing attorney.

7. Custody Issues in Divorces with Children

You will need to file a petition for dissolution with minor children if your divorce may involve child custody concerns for the minor children you share with your husband. You and your husband must try to work out a parenting plan in this type of divorce. If you can't agree, you'll both have to submit a parenting plan to the court.

8. Child Support Determination

Child support is another problem that will come up in a divorce in Arizona involving children. Both parents are required to pay financially to their child's upbringing under A.R.S. 25-501. Courts in Arizona can use child support standards to calculate the amount of support to order. This can make the amount of child support you may be required to pay or receive more predictable.

9. Considering Your Children's Best Interests

If you and your spouse cannot agree on child custody, the court will consider the reasons mentioned in A.R.S. 25-403. Whether or not you go to trial over child custody, you should act in a way that minimizes emotional injury to your children during and after your divorce.

Do you have any questions about the divorce process?

Most people find divorce difficult. If you wish to dissolve your marriage or have been issued with a divorce petition, contact the Law Office of Daniel Hutto for assistance and guidance. Call us today at (602) 536-7878 for a one-on-one consultation with one of our experience family law attorneys.

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